(Pictured L-R: M-VETS Director Timothy MacArthur, Student Advisor Danny Jenkins, and Assistant Director Raphael Johnson)
It has been a busy start to the fall 2024 academic semester for M-VETS. The Clinic advocated for two (2) clients before administrative judges at hearings before the Department of Veterans Affairs (DVA) Board of Veterans’ Appeals (BVA). The first hearing occurred on August 23, 2024, and the second was held on September 11, 2024.
Student Advisor (SA) Danny Jenkins conducted the August 23, 2024, hearing under the supervision of M-VETS Director Timothy MacArthur. The hearing involved a 2018 claim for a Certificate of Eligibility (COE) for a DVA home loan, which was finally heard after nearly six (6) years of litigation with the DVA.
M-VETS filed for the COE on behalf of a Virginia Army National Guard (VAANG) veteran who physically injured his right ankle while on active duty during initial training. Due to this injury, the veteran was discharged from active duty, and following his discharge, the veteran applied for the COE for a home loan. The DVA denied this request, and M-VETS filed a brief before the BVA and requested a personal appearance to argue the matter before a Judge.
M-VETS Director Timothy M. MacArthur stated, “I’m glad the veteran reached out to M-VETS and that we were able to advocate on his behalf at this hearing. The DVA initially denied the COE request because the veteran did not serve for the statutorily required six (6) years in the VAANG; however, there is an exception to this requirement if the veteran had been separated from service for a service-connected disability. While our veteran was service-connected for his injury, the discharge paperwork did not indicate that he was discharged from service for this injury, which created a challenge for our client and the Clinic.”
Due to the lengthy litigating of this issue, many M-VETS SAs worked diligently on it while in the clinic. When the matter was scheduled for hearing, current M-VETS SA Danny Jenkins argued the motion before the BVA.
“I was grateful for the opportunity to assist the veteran at the hearing. Six years’ worth of incredible Student Advisors helped the veteran get to this point through proper evidence collection, client preparation, and brief drafting that made my job at the hearing the easy part. To be able to represent a real client at a hearing, outside the classroom, is something I never thought possible while in school.” Jenkins said.
“Danny did a great job arguing the motion and presenting evidence during the hearing,” MacArthur commented. “Our client was able to attend the hearing virtually, and Danny conducted a pre-hearing conference with the Judge, delivered an opening statement, and a direct examination of our client, which effectively argued our position that the discharge documents did not accurately reflect the reason our veteran was discharged from the military,” MacArthur continued. “The DVA benefits process is paternalistic, which is invaluable for allowing our students to gain practical experience in a non-adversarial setting while providing valuable pro bono services to our clients.”
M-VETS continues working with the veteran to correct his discharge before the Board for Correction of Military Records to reflect a medical retirement.
M-VETS Assistant Director Raphael Johnson conducted the September 11, 2024, hearing. The hearing involved a 2019 claim for an increase in a disability rating from 10% to 50% for a service-connect injury, which the DVA initially denied.
“Raphael did a great job with this hearing,” MacArthur said. “The Clinic waited five (5) years for this hearing, and I am glad Raphael was the M-VETS representative who was able to represent our client at this hearing. While a law student at Scalia Law, Raphael was an M-VETS SA for two (2) semesters and worked on this veteran’s matter while in the Clinic. This was a long process, and fortunately, our client could weather the storm to see this through,” MacArthur continued.
Johnson reflected, “It is an honor to assist and represent Veteran clients, both while serving as an M-VETS Student Advisor and now as the clinic’s Assistant Director. In this case, our client waited many years to make the case for much-deserved benefits and compensation. The DVA benefits system can confuse many clients, and I am proud to work for an organization committed to providing 100% pro bono services and representation to America’s Veterans.”
M-VETS assists veterans, service members, and their dependents with military/veteran/DVA administrative matters, including MEB/PEBs, discharge upgrades, Boards for Correction of Military Records, and DVA disability compensation and educational benefits appeals.